New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-15
PRICE THREE CENTS.
THE FISHERIES COMMISSION
SCOPE OF Mr.. BAYARD's AUTHORITY.


TO THE SFNATE-NO POWER TO ARBITRATT
FRoM THE REGULAR CORRESPONDENT OF THE IRmcy,;)
WAsIiINGfo Nov. 14.-It is expected that the
Joint Commission the fishery controversy
between the United States and Great Britain or
rather between this country and the Dominion of
Canada, Will meet and complete its organization in
Washington this week. he forei gn commi ssioners
are the Right Hon. Joseph Chamberlain, represent
ing the Imperial Government, Sir Charles Tupper
representing the Dominion Government-although
nOmi inally a representative OF the Imperial Govern
ment- and James B. ANGEL and William Putnam,
representing the United States The foreign com.
missiohers will he accompanied by and have the
assistance of J. s. Winter, an agent of the Do
n ini0n Government
Inquiries have been made as to the authority of
Secretary Bayard to appoint commissioners on be-
half of the UDted States in the absence of legsla
ton by Congress. At the State Department such
Inquiries appear to excite petulance and when prec-
edens for the appointment of the commission
asked for, 1t is suggested that the Joint High Com
mission which negotiated the Treaty of Washing
ton or the American members of it-were ap
pointed by the President without any grant of
power by Congress. Ths, of course, means thai
the President in the present has exercised his
power under Section OF Article III of the Consitu-
ton to appoint commissioners on behalf of the
United States to meet commissioners of Great
Britain for the purpose OF negotiating q treaty to
settle the DISPUTE about the Canadian fisheries:
and it is admission that hc has no authority,
without Affirmative precedent action by Congress
to appoint commissioners to meet foreign COM
mssoners for any other purpose whatsoever
Eessrs. Angel and Putnam were appointed com
mIssiOners AMI are styled at the State Depart
ment, and therefore their duties must he, in
junction with Messrs. Chamberlain ami Tuprer. to
negotiate a treaty. 1t is known that when Me.sIs
Angel and Putnam were here they supplied
With copies of all documents and correspondence
relating to the fishery controversy. 1t is under
stood also that the United States Fish Commission
has leen called on to furnish al the data III its
possession or which il can obtain. respecting the
fisheries Themselves, their extent, valno. etc AZ
to the requistion Oh the Fish Commission it might
be claimed that the information called TOR Is
designed to assist Commissioners Angel an Put
nam sitting as American members Ot a Boirl OF
Arbitration, but that cannot be. Beginning with
the boards of arbitration award prOviie for
and authorized by the Jav Treaty with Great
Britain, IN 1894. many such boards have been
authorized by trelty provisions Other boards and
commissions for the settlement of claims of an
international nature have authorised bv Con-
gress. But never in the history OF .hc Government
has the Executive undertaken to appoint CON-
authority OF treaty prov sions or legislative enact
meut.
II may be remembered that after the rejection of
the treaty for the annexation of a part OF >ah.o
Domingo. project IN which President Grant felt
deep interest commissioners were sent rom ths
United States TO that Repiblc, 20 invcst .ate its
resources with avicw to ascertain whether ts
annexation wonll be- desirable, etc. But that coln-
III sson was authorized by a jpint resolution of
Congress.
Among the provisions of the Treaty of Washing
ton FOR Il commission TO ena the dispute in
regard to the fisheries That commission p,.r-
formed It's duties aua the provision in the treaty
relating to the fisheries has been abrogatei.
There is reason to believe that Secretary Bayari
had In mind the appointment of Joint liigh Com
mission make treaty in regard to ihe
fisheries long before McssTs. Angell and Putnam
were selccted-ndccl. SO long ng a. the Rctalia-
tion bill became a law. A. that time il WAS re-
peatedy stated IN TIE tribune that the EXccu-
tive did not intend To enforce thar law, which had
passed Democratic House and which was adopted
by the Senate With only sInglc vote in the mega
tive 40 Democratic member OF either branch Of
Congress ever denied tho statement, it ncgcr was
don.ed by the State Department. II WAS tie pIr
pose of the Administration that tie law sh0nld
main dead letter on the statute OoUH. Ee.pIe -
enactment Secretary jayard hal appealed 10 COu-
srcss tor authority 10 arll rAte. That appeal WAS
denied; IN the Senate Committee on EOrelga Rela-
tons. composed OF five Republicans and four DEM
ocrats The proposition was unanimously rejected.
What Congress ten did not to authorize
arbitration Mt ADOPT the pro! st.on of Senator
Frye winch provided for retaliation IN u mild form.
When Congress again assembled aild II was found
that the secretary OF state has accomplished
nothing, that the ogtrlgcs on American fishermen
continued, ana tia. the power of retaliation had
not been used, 1t authorized still stronger
rstailatOry measures.
The present phase of the controversy is that a
Lii, Iipttl mi -ip alf to- ~ T1rv
Bayard and his iriena Minister West is about 10
meet and make new treaty which will have no
force until ratified by Scnat o which has re
pcltedly declared against that N ode OF settlement.